The High Court of Justice has refused an application from the Eastern Caribbean Collective Organisation for Music Rights (ECCO) Inc. to temporarily halt the enforcement of new copyright regulations in St. Kitts and Nevis, reinforcing the government’s right to regulate the sector and protect local creatives.
The decision, handed down on 5th June, 2025, rejected ECCO’s request for interim relief that sought to pause the implementation of the Copyright (Collective Management Organisations) Regulations, which were enacted under the Copyright Act No. 14 of 2024 and came into effect in December 2024. These regulations create a formal licensing system for Collective Management Organisations (CMOs), which are responsible for issuing music rights licences and collecting royalties on behalf of artists and producers.
The Court’s ruling means the government can continue enforcing the regulations while ECCO’s broader legal challenge proceeds to trial. The Ministry of Justice and Legal Affairs described the judgment as a step towards greater accountability in the music and creative industries.
In its defence, the government presented compelling evidence to support its position:
- ECCO was involved in consultations about the regulations since 2023.
- The organisation failed to apply for the legal authorisation now required to operate.
- It continued to issue licences unlawfully after the law came into effect.
- ECCO had not submitted its legally required annual returns for 2023, 2024, and 2025 until prompted by a public notice.
- It was downgraded to provisional status by its international supervisory body, CISAC, and had a track record of delayed royalty payments to creatives.
Minister of Justice and Legal Affairs, Garth Wilkin, welcomed the Court’s decision, stating: “The Regulations are designed to ensure lawful and credible collective rights management. They protect our creative industries from opaque or improper licensing practices and empower the State to safeguard the economic rights of artists, musicians, and other copyright holders.”
The 2024 regulations were developed with input from regional and international partners, including the World Intellectual Property Organization (WIPO), and followed more than three years of public consultations. The Government emphasised that these efforts aim to build a transparent and sustainable creative economy in the Federation.
The Ministry of Justice and Legal Affairs has reiterated that ECCO is currently not authorised to operate in St. Kitts and Nevis and that no other CMO holds that status either. All organisations seeking to operate as CMOs are urged to comply with the law and apply for the necessary authorisation.
ECCO was represented by Victor Dane Hamilton, while the Government’s legal team included Solicitor General and Crown Counsel II Sasha Lloyd.
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